Actions

No actions available.

Full Text of this Amendment

SA 3574. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XI, insert the following:
SEC. __XX. FOOD SAFETY IMPROVEMENT.
(a) Reportable Food Registries.--
(1) FEDERAL MEAT INSPECTION.--The Federal Meat Inspection Act is amended--
(A) by redesignating section 411 (21 U.S.C. 680) as section 412; and
(B) by inserting after section 410 (21 U.S.C. 679a) the following:
``SEC. 411. REPORTABLE FOOD EVENT.
``(a) Definitions.--In this section:
``(1) REPORTABLE FOOD.--The term `reportable food' means meat or a meat food product under this Act for which there is a reasonable probability that the use of, or exposure to, the meat or meat food product will cause serious adverse health consequences or death to humans or animals.
``(2) REGISTRY.--The term `Registry' means the registry established under subsection (b).
``(3) RESPONSIBLE PARTY.--The term `responsible party', with respect to a reportable food, means an operator of an establishment subject to inspection under this Act at which the reportable food is manufactured, processed, packed, or held.
``(b) Establishment.--
``(1) IN GENERAL.--Not later than 1 year after the date of enactment of the Food and Energy Security Act of 2007, the Secretary shall establish within the Department of Agriculture a Reportable Meat Registry to which information concerning reportable food may be submitted via an electronic portal, from--
``(A) employees of the Food Safety and Inspection Service;
``(B) Federal, State, and local public health officials; and
``(C) responsible parties.
``(2) REVIEW BY SECRETARY.--The Secretary shall promptly review and assess the information submitted under paragraph (1) for the purposes of--
``(A) identifying reportable food;
``(B) submitting entries to the Registry;
``(C) taking actions under subsection (c); and
``(D) exercising other food safety authority of the Secretary to protect the health and safety of humans and animals.
``(c) Issuance of an Alert by the Secretary.--
``(1) IN GENERAL.--The Secretary shall issue, or cause to be issued, an alert or a notification with respect to a reportable food using information from the Registry as the Secretary considers necessary to protect the health and safety of humans and animals.
``(2) EFFECT.--Paragraph (1) shall not affect the authority of the Secretary to issue an alert or a notification under any other provision of law.
``(d) Reporting and Notification.--
``(1) IN GENERAL.--Except as provided in paragraph (2), as soon as practicable, but in no case later than 24 hours after a responsible party determines that meat or meat food product is a reportable food, the responsible party shall--
``(A) submit a report to the Secretary through the Registry that includes information described in subsection (e) (other than the information described in paragraphs (7), (8), and (9) of that subsection); and
``(B) investigate the cause of the event that caused the meat or meat food product to be a reportable food, if the reportable food originated with the responsible party.
``(2) NO REPORT REQUIRED.--A responsible party shall not be required to submit a report under paragraph (1) if--
``(A) the adulteration or misbranding originated with the responsible party;
``(B) the responsible party detected the adulteration or misbranding prior to any transfer to another person of the meat or meat food product; and
``(C) the responsible party--
``(i) corrected the adulteration or misbranding; or
``(ii) destroyed or caused the destruction of the meat or meat food product.
``(3) REPORT NUMBER.--The Secretary shall ensure that, upon submission of a report under paragraph (1), a unique number is issued through the Registry to the person submitting the report, by which the Secretary is able--
``(A) to link reports about the reportable food submitted and amended under this subsection; and
``(B) identify the supply chain for the reportable food.
``(4) RESPONSE TO REPORT SUBMITTED BY A RESPONSIBLE PARTY.--After consultation with the responsible party that submitted a report under paragraph (1), the Secretary may require the responsible party to perform, as soon as practicable, but in no case later than a time specified by the Secretary, 1 or more of the following, as determined by the Secretary:
``(A) Amend the report submitted by the responsible party under paragraph (1) to include the information described in subsection (e)(8).
``(B) Provide a notification--
``(i) to the immediate previous source of the reportable food;
``(ii) to the immediate subsequent recipient of the reportable food; and
``(iii) that includes--
``(I) the information described in subsection (e) that the Secretary considers necessary;
``(II) the actions described under paragraph (5) that the recipient of the notification shall perform, as required by the Secretary; and
``(III) any other information that the Secretary may require.
``(5) SUBSEQUENT REPORTS AND NOTIFICATIONS.--Except as provided in paragraph (6), the Secretary may require a responsible party to perform, as soon as practicable, but in no case later than a time specified by the Secretary, after the responsible party receives a notification under subparagraph (C) or paragraph (4)(B), 1 or more of the following:
``(A) Submit a report to the Secretary through the Registry established under subsection (b) that includes the information described in subsection (e) and other information that the Secretary considers necessary.
``(B) Investigate the cause of the adulteration or misbranding if the adulteration or misbranding of the reportable food may have originated with the responsible party.
``(C) Provide a notification--
``(i) to the immediate previous source of the reportable food;
``(ii) to the immediate subsequent recipient of the reportable food; and
``(iii) that includes--
``(I) the information described in subsection (e) that the Secretary considers necessary;
``(II) the actions described under this paragraph that the recipient of the notification shall perform, as required by the Secretary; and
``(III) any other information that the Secretary may require.
``(6) AMENDED REPORT.--If a responsible party receives a notification under paragraph (4)(B) or paragraph (5)(C) with respect to a reportable food after the responsible party has submitted a report to the Secretary under paragraph (1) with respect to the reportable food, the responsible party--
``(A) shall not be required to submit an additional report or make a notification under paragraph (5); and
``(B) the responsible party shall amend the report submitted by the responsible party under paragraph (1) to include the information described in paragraph (7), and, with respect to both the notification and the report, paragraph (10) of subsection (e).
``(e) Information.--The information described in this subsection is the following:
``(1) The date on which the meat or meat food product was determined to be a reportable food.
``(2) A description of the reportable food, including the quantity of the reportable food.
``(3) The extent and nature of the adulteration or misbranding.
``(4) If the adulteration or misbranding of the reportable food may have originated with the responsible party, the results of the investigation required under paragraph (1)(B) or (5)(B) of subsection (d), as applicable, and when known.
``(5) The disposition of the reportable food, if known.
``(6) Product information typically found on packaging including product codes, use-by dates, and the names of manufacturers, packers, or distributors sufficient to identify the reportable food.
``(7) Contact information for the responsible party.
``(8) The contact information for parties directly linked in the supply chain and notified under paragraph (4)(B) or (5)(C) of subsection (d), as applicable.
``(9) The information required by the Secretary to be included in a notification provided by the responsible party involved under paragraph (4)(B) or (5)(C) of subsection (d) or required in a report under subsection (d)(5)(A).
``(10) The unique number described in subsection (d)(3).
``(f) Coordination of Federal, State, and Local Efforts.--
``(1) FOOD AND DRUG ADMINISTRATION.--In carrying out this section, the Secretary shall--
``(A) share information and coordinate regulatory efforts with the Commissioner of Food and Drugs; and
``(B) if the Secretary receives a report submitted about a food within the jurisdiction of the Commissioner, promptly provide the report to the Commissioner.
``(2) STATES AND LOCALITIES.--In carrying out this section, the Secretary shall work with the State and local public health officials to share information that is not confidential commercial or financial information protected under section 552(b)(4) of title 5, United States Code, and coordinate regulatory efforts, in order to--
``(A) help to ensure coverage of the safety of the food supply chain, including those establishments regulated by the States and localities that are not regulated under this Act; and
``(B) reduce duplicative regulatory efforts.
``(g) Maintenance and Inspection of Records.--
``(1) IN GENERAL.--The responsible party shall maintain records related to each report received, notification made, and report submitted to the Secretary under this section for at least 2 years.
``(2) INSPECTION.--A responsible party shall, at the request of the Secretary, permit inspection of records maintained under paragraph (1).
``(h) Request for Information.--Section 552 of title 5, United States Code, shall apply to any request for information regarding a record in the Registry.
``(i) Safety Report.--A report or notification under subsection (d) may be accompanied by a statement, which shall be part of any report released for public disclosure, that denies that the report or the notification constitutes an admission that the product involved caused or contributed to a death, serious injury, or serious illness.
``(j) Admission.--A report or notification under this section shall not be considered an admission that the reportable food involved is adulterated, misbranded, or caused or contributed to a death, serious injury, or serious illness.
``(k) Homeland Security Notification.--If, after receiving a report under subsection (d), the Secretary believes the reportable food may have been deliberately adulterated or misbranded, the Secretary shall--
``(1) immediately notify the Secretary of Homeland Security; and
``(2) make relevant information from the Registry available to the Secretary of Homeland Security.
``(l) Violations.--A responsible party that fails to comply with any requirement of this section shall be subject to an appropriate penalty under section 406.''.
(2) POULTRY PRODUCTS INSPECTION ACT.--The Poultry Products Inspection Act is amended by inserting after section 10 (21 U.S.C. 459) the following:
``SEC. 10A. REPORTABLE FOOD EVENT.
``(a) Definitions.--In this section:
``(1) REPORTABLE FOOD.--The term `reportable food' means poultry or a poultry product under this Act for which there is a reasonable probability that the use of, or exposure to, the poultry or poultry product will cause serious adverse health consequences or death to humans or animals.
``(2) REGISTRY.--The term `Registry' means the registry established under subsection (b).
``(3) RESPONSIBLE PARTY.--The term `responsible party', with respect to a reportable food, means an operator of an official establishment.
``(b) Establishment.--
``(1) IN GENERAL.--Not later than 1 year after the date of enactment of the Food and Energy Security Act of 2007, the Secretary shall establish within the Department of Agriculture a Reportable Poultry Registry to which information concerning reportable food may be submitted via an electronic portal, from--
``(A) employees of the Food Safety and Inspection Service;
``(B) Federal, State, and local public health officials; and
``(C) responsible parties.
``(2) REVIEW BY SECRETARY.--The Secretary shall promptly review and assess the information submitted under paragraph (1) for the purposes of--
``(A) identifying reportable food;
``(B) submitting entries to the Registry;
``(C) taking actions under subsection (c); and
``(D) exercising other food safety authority of the Secretary to protect the health and safety of humans and animals.
``(c) Issuance of an Alert by the Secretary.--
``(1) IN GENERAL.--The Secretary shall issue, or cause to be issued, an alert or a notification with respect to a reportable food using information from the Registry as the Secretary considers necessary to protect the health and safety of humans and animals.
``(2) EFFECT.--Paragraph (1) shall not affect the authority of the Secretary to issue an alert or a notification under any other provision of law.
``(d) Reporting and Notification.--
``(1) IN GENERAL.--Except as provided in paragraph (2), as soon as practicable, but in no case later than 24 hours after a responsible party determines that poultry or poultry product is a reportable food, the responsible party shall--
``(A) submit a report to the Secretary through the Registry that includes information described in subsection (e) (other than the information described in paragraphs (7), (8), and (9) of that subsection); and
``(B) investigate the cause of the event that caused the poultry or poultry product to be a reportable food, if the reportable food originated with the responsible party.
``(2) NO REPORT REQUIRED.--A responsible party shall not be required to submit a report under paragraph (1) if--
``(A) the adulteration or misbranding originated with the responsible party;
``(B) the responsible party detected the adulteration or misbranding prior to any transfer to another person of the poultry or poultry product; and
``(C) the responsible party--
``(i) corrected the adulteration or misbranding; or
``(ii) destroyed or caused the destruction of the poultry or poultry product.
``(3) REPORT NUMBER.--The Secretary shall ensure that, upon submission of a report under paragraph (1), a unique number is issued through the Registry to the person submitting the report, by which the Secretary is able--
``(A) to link reports about the reportable food submitted and amended under this subsection; and
``(B) identify the supply chain for the reportable food.
``(4) RESPONSE TO REPORT SUBMITTED BY A RESPONSIBLE PARTY.--After consultation with the responsible party that submitted a report under paragraph (1), the Secretary may require the responsible party to perform, as soon as practicable, but in no case later than a time specified by the Secretary, 1 or more of the following, as determined by the Secretary:
``(A) Amend the report submitted by the responsible party under paragraph (1) to include the information described in subsection (e)(8).
``(B) Provide a notification--
``(i) to the immediate previous source of the reportable food;
``(ii) to the immediate subsequent recipient of the reportable food; and
``(iii) that includes--
``(I) the information described in subsection (e) that the Secretary considers necessary;
``(II) the actions described under paragraph (5) that the recipient of the notification shall perform, as required by the Secretary; and
``(III) any other information that the Secretary may require.
``(5) SUBSEQUENT REPORTS AND NOTIFICATIONS.--Except as provided in paragraph (6), the Secretary may require a responsible party to perform, as soon as practicable, but in no case later than a time specified by the Secretary, after the responsible party receives a notification under subparagraph (C) or paragraph (4)(B), 1 or more of the following:
``(A) Submit a report to the Secretary through the Registry established under subsection (b) that includes the information described in subsection (e) and other information that the Secretary considers necessary.
``(B) Investigate the cause of the adulteration or misbranding if the adulteration or misbranding of the reportable food may have originated with the responsible party.
``(C) Provide a notification--
``(i) to the immediate previous source of the reportable food;
``(ii) to the immediate subsequent recipient of the reportable food; and
``(iii) that includes--
``(I) the information described in subsection (e) that the Secretary considers necessary;
``(II) the actions described under this paragraph that the recipient of the notification shall perform, as required by the Secretary; and
``(III) any other information that the Secretary may require.
``(6) AMENDED REPORT.--If a responsible party receives a notification under paragraph (4)(B) or paragraph (5)(C) with respect to a reportable food after the responsible party has submitted a report to the Secretary under paragraph (1) with respect to the reportable food, the responsible party--
``(A) shall not be required to submit an additional report or make a notification under paragraph (5); and
``(B) the responsible party shall amend the report submitted by the responsible party under paragraph (1) to include the information described in paragraph (7), and, with respect to both the notification and the report, paragraph (10) of subsection (e).
``(e) Information.--The information described in this subsection is the following:
``(1) The date on which the poultry or poultry product was determined to be a reportable food.
``(2) A description of the reportable food, including the quantity of the reportable food.
``(3) The extent and nature of the adulteration or misbranding.
``(4) If the adulteration or misbranding of the reportable food may have originated with the responsible party, the results of the investigation required under paragraph (1)(B) or (5)(B) of subsection (d), as applicable, and when known.
``(5) The disposition of the reportable food, if known.
``(6) Product information typically found on packaging including product codes, use-by dates, and the names of manufacturers, packers, or distributors sufficient to identify the reportable food.
``(7) Contact information for the responsible party.
``(8) The contact information for parties directly linked in the supply chain and notified under paragraph (4)(B) or (5)(C) of subsection (d), as applicable.
``(9) The information required by the Secretary to be included in a notification provided by the responsible party involved under paragraph (4)(B) or (5)(C) of subsection (d) or required in a report under subsection (d)(5)(A).
``(10) The unique number described in subsection (d)(3).
``(f) Coordination of Federal, State, and Local Efforts.--
``(1) FOOD AND DRUG ADMINISTRATION.--In carrying out this section, the Secretary shall--
``(A) share information and coordinate regulatory efforts with the Commissioner of Food and Drugs; and
``(B) if the Secretary receives a report submitted about a food within the jurisdiction of the Commissioner, promptly provide the report to the Commissioner.
``(2) STATES AND LOCALITIES.--In carrying out this section, the Secretary shall work with the State and local public health officials to share information that is not confidential commercial or financial information protected under section 552(b)(4) of title 5, United States Code, and coordinate regulatory efforts, in order to--
``(A) help to ensure coverage of the safety of the food supply chain, including those establishments regulated by the States and localities that are not regulated under this Act; and
``(B) reduce duplicative regulatory efforts.
``(g) Maintenance and Inspection of Records.--
``(1) IN GENERAL.--The responsible party shall maintain records related to each report received, notification made, and report submitted to the Secretary under this section for at least 2 years.
``(2) INSPECTION.--A responsible party shall, at the request of the Secretary, permit inspection of records maintained under paragraph (1).
``(h) Request for Information.--Section 552 of title 5, United States Code, shall apply to any request for information regarding a record in the Registry.
``(i) Safety Report.--A report or notification under subsection (d) may be accompanied by a statement, which shall be part of any report released for public disclosure, that denies that the report or the notification constitutes an admission that the product involved caused or contributed to a death, serious injury, or serious illness.
``(j) Admission.--A report or notification under this section shall not be considered an admission that the reportable food involved is adulterated, misbranded, or caused or contributed to a death, serious injury, or serious illness.
``(k) Homeland Security Notification.--If, after receiving a report under subsection (d), the Secretary believes the reportable food may have been deliberately adulterated or misbranded, the Secretary shall--
``(1) immediately notify the Secretary of Homeland Security; and
``(2) make relevant information from the Registry available to the Secretary of Homeland Security.
``(l) Penalties.--A responsible party that fails to comply with any requirement of this section shall be subject to an appropriate penalty under section 12.''.
(3) CONFORMING AMENDMENT.--Section 12(a) of the Poultry Products Inspection Act (21 U.S.C. 461(a)) is amended by inserting ``10A,'' after ``10,''.
(4) EFFECTIVE DATE.--The amendments made by the subsection take effect on the date that is 1 year after the date of enactment of this Act.
(5) GUIDANCE.--Not later than 270 days after the date of enactment of this Act, the Secretary shall issue a guidance to industry relating to--
(A) the submission of reports to the registries established under section 411 of the Federal Meat Inspection Act (as amended by paragraph (1)) and section 10A of the Poultry Products Inspection Act (as amended by paragraph (2)); and
(B) the provision of notification to other persons in the supply chain of reportable food under those sections.
(6) EFFECT.--Nothing in this subsection, or an amendment made by this subsection, alters the jurisdiction between the Secretary and the Secretary of Health and Human Services, under applicable law (including regulations).
(b) Supplemental Plans and Reassessments.--The Secretary shall require that each establishment required by the Secretary to have a hazard analysis and critical control point plan in accordance with the final rule of the Secretary (61 Fed. Reg. 38806 (July 25, 1996)) shall submit to the Secretary, in writing--
(1) at a minimum, a recall plan described in Directive 8080.1, Rev. 4 (May 24, 2004) of the Food Safety and Inspection Service (or a successor directive); and
(2) for beef products, an E. coli reassessment described in the supplementary information relating to E. coli O157: H7 Contamination of Beef Products (67 Fed. Reg. 62325 (October 7, 2002); part 417 of title 9, Code of Federal Regulations).
(c) Sanitary Transportation of Food.--
(1) IN GENERAL.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations described in section 416(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350e(b)).
(2) MEMORANDUM OF UNDERSTANDING.--Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of Health and Human Services, and the Secretary of Transportation shall enter into a memorandum of understanding to ensure that the Secretaries work together effectively to ensure the safety and security of the food supply of the United States, particularly in relation to distribution channels involving transportation (as described in the withdrawal of notices
of proposed rulemaking (70 Fed. Reg. 76228 (December 23, 2005))).

(As printed in the Congressional Record for the Senate on Nov 8, 2007.)